Constitutional Court's Jurisdictional Dispute Judgment on 'Yellow Envelope Act Direct Referral'... Unanimous Dismissal

Constitutional Court: "Request for Plenary Session Submission Must Comply with National Assembly Act Procedures"

The Constitutional Court has ruled that the direct referral of the so-called 'Yellow Envelope Act,' led by the Democratic Party of Korea, to the plenary session of the National Assembly is lawful.

Chief Justice Yoo Nam-seok of the Constitutional Court and the constitutional justices are seated before the start of the ruling on the constitutional review and jurisdictional dispute trial held on the 26th at the Grand Bench of the Constitutional Court in Jongno-gu, Seoul.
[Image source=Yonhap News]

On the 26th, the Constitutional Court unanimously dismissed the case filed by the Judiciary Committee members from the People Power Party against the Chairperson of the Environment and Labor Committee and the Speaker of the National Assembly, concerning a dispute over authority.

The Democratic Party virtually unilaterally passed the request for direct referral to the plenary session in May this year for the "Partial Amendment to the Labor Union and Labor Relations Adjustment Act" (Yellow Envelope Act), which strengthens the responsibility of primary contractors for subcontracted workers and limits indiscriminate claims for damages by companies against striking workers.

Article 86 of the National Assembly Act stipulates that if a bill has been pending in the Judiciary Committee without reason for more than 60 days, the committee of jurisdiction may request referral to the plenary session with the approval of three-fifths of its members. Judiciary Committee members from the People Power Party argued that the amendment was being properly reviewed and thus was not unreasonably delayed, and that the Democratic Party's forced referral infringed on their right to review the bill, filing a dispute over authority.

The Constitutional Court ruled, "The Environment and Labor Committee Chairperson's request for referral to the plenary session was conducted in compliance with the National Assembly Act procedures and its legitimacy was recognized through the voting process in the plenary session," adding, "There was no illegality violating the National Assembly Act in the Chairperson's request for referral, and the Speaker's announcement of the bill's passage also complied with the National Assembly Act procedures, so there are no procedural or substantive defects."

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